§ 103-31. Issuance or denial of permit or certificate.

(a)

To determine whether to issue or deny a permit or certificate, the town council shall review and consider:

(1)

The information in the permit or certificate application;

(2)

That the proposed action is consistent with the beach/dune rules of this chapter;

(3)

Any other law relevant to dune protection and public beach use and access which affects the activity under review;

(4)

The comments of the beach/dune committee, the general land office, and the attorney general's office;

(5)

With respect to dunes and dune permits:

a.

Cumulative and indirect effects of the proposed construction on all dunes and dune vegetation seaward of a dune protection line;

b.

Cumulative and indirect effects of other activities on dunes and dune vegetation located on the proposed construction site;

c.

The pre-construction type, height, width, slope, volume, and continuity of the dunes, the pre-construction condition of the dunes, the type of dune vegetation, and the percent of vegetative cover on the site;

d.

The local historical erosion rate as determined by the University of Texas at Austin, Bureau of Economic Geology, and whether the proposed construction may alter dunes and dune vegetation in a manner that may aggravate erosion;

e.

All practicable alternatives to the proposed activity, proposed site, or proposed methods of construction;

f.

The applicant's mitigation plan for any unavoidable adverse effects on dunes and dune vegetation and the effectiveness, feasibility, and desirability of any proposed dune reconstruction and revegetation;

g.

The impacts on the natural drainage patterns of the site and adjacent property;

h.

Any significant environmental features of the potentially affected dunes and dune vegetation, such as their value and function as floral or faunal habitats or any other benefits the dunes and dune vegetation provide to other natural resources;

i.

Wind and storm patterns, including a history of washover patterns;

j.

Location of the site on the flood insurance rate map;

k.

Success rates of dune stabilization projects in the area; and

(6)

Any other information the town council considers useful, including resource information made available to them by federal and state natural resource entities.

(b)

The town council shall not issue a permit or certificate that is inconsistent with this chapter, general land office rules for the management of the beach/dune system (18 Tex. Reg. 661 (10﹨993)), codified at 31 Tex. Admin. Code §§ 15.1—15.10), the Open Beaches Act (V.T.C.A., Natural Resources Code ch. 61), the Dune Protection Act (V.T.C.A., Natural Resources Code ch. 63), and other state, local, and federal laws related to the requirements of the Dune Protection Act and the Open Beaches Act, the requirements of which are incorporated into this chapter by reference.

(Ord. No. 1993-07, § 2(XI), 8-11-1993)